Virginia Statewide Rule
Virginia Polystyrene Food Container Phase-Out Under Code 10.1-1424.4
Key Facts
- Statute
- Va. Code § 10.1-1424.3
- Chains (20+ locations)
- Comply by July 1, 2025
- All food vendors
- Comply by July 1, 2026
- Hardship waiver
- Up to one year (DEQ)
- Civil penalty
- $50 per day per location
Summary
Virginia Code § 10.1-1424.3 phases out expanded polystyrene single-use food service containers: food vendors with 20 or more locations had to comply by July 1, 2025, and all food vendors by July 1, 2026.
Beginning July 1, 2023, no food vendor that is a restaurant or similar retail food establishment and is part of a chain with 20 or more locations offering for sale substantially the same menu items and doing business under the same name, regardless of the form of ownership of such locations, shall dispense prepared food to a customer in an expanded polystyrene food service container. Beginning July 1, 2025, no food vendor of any type shall dispense prepared food to a customer in an expanded polystyrene food service container.
Full Breakdown
Virginia enacted a phased polystyrene foam container ban under Code § 10.1-1424.3. Food vendors operating chains with 20 or more locations had to stop dispensing food in expanded polystyrene containers by July 1, 2025, and all food vendors must comply by July 1, 2026. The Department of Environmental Quality may grant one-year hardship waivers. The law preempts local foam regulation while encouraging recyclable or compostable alternatives.
Violations & Penalties
Violators face civil penalties up to $50 per day per location issued by the Department of Environmental Quality. Repeat or willful violations may trigger formal compliance orders, with continuing violations accruing additional daily penalties.
Frequently Asked Questions
Does the ban cover polystyrene cups?
Can a small restaurant get an extension?
Sources
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